Direito à propriedade e habitação: genealogia e contornos

Abstract

This work talks about the fundamental right to property and the social right to housing. Establishing a dialogue between these important institutions, considering urbanistic and psychosocial factors, as well as the balancing of the right to property during the pandemic through ADPF 828. It is important to replace the term "right to housing" with "right to adequate housing" to emphasize not only the need for physical shelter, but also for adequate housing conditions that guarantee dignity and well-being. The right to housing includes not only the availability of suitable housing but also access to basic services, infrastructure, transportation, security, and a healthy environment. Housing instability can lead to stress, insecurity, and social isolation, negatively affecting mental health and well-being. In this context, the 2030 Agenda for Sustainable Development established by the United Nations plays a relevant role as it seeks to promote the eradication of poverty, the reduction of inequalities, access to adequate housing, and sustainable development through the Sustainable Development Goals (SDGs). The challenge lies in finding a balance between protecting property rights, their social function, and promoting decent, fair, and sustainable housing for all, especially in periods of crisis and transformation like the one we are experiencing